Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Nitin Productions on 7 September, 2021
C.S.(Comm.Div.)No.193 of 2016
IN THE HIGHCOURT OF JUDICATURE AT MADRAS
Dated: 07.09.2021
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S.(Comm.Div.)No.193 of 2016
M/s.SUN TV Network Ltd.
Represented by its Authorised Signatory,
Mr.M.Jyothi Basu,
Murasoli Maran Towers,
73 MRC Nagar Main Road,
MRC Nagar, Chennai -28. ... Plaintiff
/versus/
1.M/s.Nitin Productions,
Rep.by its Proprietor, Mr.Babu Reddy B.G.,
No.22/1-1, 2nd Main Road,
3rd Cross, Gandhi Nagar,
Bangalore-560 009.
2.M/s.PUBLIC TV
Rep by its Authorised Signatory,
4thFloor, Bmtc Complex, Yeshwanthpur
Near Yeshwanthpur Circle
Bangalore – 560022 ...Defendants
Prayer:- Civil Suit has been filed under Order IV, Rule 1 of the Original Side
rules read with Order VII Rule 1 of C.P.C Rules read with Sections 37,55, & 62
of Copy Rights Act, prays for judgement and Decree against the Defendants:
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C.S.(Comm.Div.)No.193 of 2016
(a). Declaration that the plaintiff is the sole and exclusive copyright holder
for broadcasting the Kannada film “HUDUGAATA” starring Ganesh, Rekha,
Avinash & others direction Sanjay K., through any Satellite System (Indian or
foreign) exclusive world satellite Television Broadcast, Direct Satellite service,
Satellite television broadcasting service, terrestrial television broadcast (all
dimensions) Satellite radio broadcasting, public service broadcasting, private
communication/broadcast terrestrial broadcasting service, terrestrial digital
service/slash broadcasting, cable television service, station doordarshan, direct to
home service, inflight, airborne right, sea borne right, rail borne rights, pay TV
rights, laser disc Internet IPTV broadband telephone, telephony, cellphone, radio
all dimensions, audio, video, local delivery services, MMDS, all modes of
public/private transportation, cable wire, wireless, or through any other forms
means and modes and any form of communications like signs, signals writing
pictures, images and sounds of all kinds by transmission of electro magnetic
waves through space or through cables intended to be received by the general
public either directly or indirectly through the medium of relay stations and all its
grammatical variations and expressions shall be constructed accordingly or any
other systems without restrictions of geographical area and all channels of
Doordarshan including National Network for a perpetual period.
(b)consequential permanent injunction restraining the Defendants, their
men, representatives agents and anybody on behalf of the Defendants from
infringing the copyright of the plaintiff by exhibiting or exploiting the Kannada
film “HUDUGAATA” starring Ganesh, Rekha, Avinash & others direction
Sanjay K., through any Satellite System (Indian or foreign) exclusive world
satellite Television Broadcast, Direct Satellite service, Satellite television
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C.S.(Comm.Div.)No.193 of 2016
broadcasting service, terrestrial television broadcasting (all dimensions) Satellite
radio broadcasting, public service broadcasting, private communication/
broadcast terrestrial broadcasting service, terrestrial digital service/slash
broadcasting, cable television service, station doordarshan, direct to home
service, inflight airborne right, sea borne right, rail borne rights, pay TV rights,
laser disc Internet IPTV broadband telephone, telephony, cellphone, radio all
dimensions, audio, video, local delivery services, MMDS, all modes of
pubic/private transportation, cable, wire, wireless,or through any other forms
means and modes and any form of communications like signs, signals writing
pictures, images and sounds of all kinds by transmission of electro magnetic
waves through space or through cables intended to be received by the general
public either directly or indirectly through the medium of relay stations and all its
grammatical variations and expressions shall be constructed accordingly or any
systems without restrictions of geographical area and all channels of
Doordarshan including National network.
(c). To pay the cost.
For Plaintiff : Ms.Sneha
JUDGMENT
(Case has been heard through Video Conferencing)
The 1st defendant is the producer of the Kannada movie
“HUDUGAATA”.
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C.S.(Comm.Div.)No.193 of 2016
2. The copyright of the said movie was assigned by the 1st defendant
in favour of the plaintiff vide the lab letter dated 24.04.2007. The 1st defendant on
receiving the entire consideration has assigned the copyright of the Kannada film
“HUDUGAATA” in favour of the plaintiff on 30.04.2007. Thereafter, the
plaintiff has become the absolute copyright owner of the Kannada film
“HUDUGAATA” for broadcasting the said film through any Satellite System
(Indian or foreign) exclusive world satellite Television Broadcast, Direct Satellite
service, Satellite television broadcasting service, terrestrial television broadcast
(all dimensions) Satellite radio broadcasting, public service broadcasting, private
communication/broadcast terrestrial broadcasting service, terrestrial digital
service/slash broadcasting, cable television service, station doordarshan, direct to
home service, inflight, airborne right, sea borne right, railborne rights, pay TV
rights, laser disc internet IPTV broadband telephone, telephony, cellphone, radio
all dimensions, audio, video, local delivery services, MMDS, all modes of
public/private transportation, cable, wire, wireless, or through any other forms
means and modes and any form of communications like signs, signals writing
pictures, images and sounds of all kinds by transmission of electro magnetic
waves through space or through cables intended to be received by the general
public either directly or indirectly through the medium of relay stations and all its
https://www.mhc.tn.gov.in/judis/
C.S.(Comm.Div.)No.193 of 2016
grammatical variations and expressions shall be constructed accordingly or any
other systems without restrictions of geographical area and all channels of
Doordarshan including National network. The above said assignment is for a
perpetual period. While so, the 2nd defendant had telecasted the song from the
said movie “HUDUGAATA” on 02.03.2016 without permission or licence from
the plaintiff.
3. The plaintiff being the exclusive copyright holder with respect to
the said movie for both the negatives and digital format of the said movie, the 2nd
defendant without permission or licence from the plaintiff cannot exploit the
movie in full or part. However contrary to the rights of the plaintiff, the 2nd
defendant had fraudulently using the pirated CD and telecasted the songs of the
movie in their channel. Hence the present suit has been filed for declaration that
the plaintiff is the exclusive copyright holder of the Kannada film
“HUDUGAATA” and consequential permanent injunction against the
defendants from any way exhibiting or exploiting the movie in full or part.
4. Notice and summons sent to the defendants and the same was
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C.S.(Comm.Div.)No.193 of 2016
received by them, but no written statement has been filed on behalf of the
defendants. Hence on 27.09.2019, this Court recorded their absence and have set
the defendants ex-parte and directed the Additional Master III for recoding
evidence. PW.1 has mounted the witness box and filed a proof affidavit in lieu of
examination and 6 exhibits were marked in support of the case.
5. The assignment agreement in favour of the plaintiff dated
30.04.2007 is marked as Ex.P.4. The CD containing the pirated version of the
song which was telecasted by the 2nd defendant is marked as Ex.P.6. The factum
of ownership of the copyright over the movie “HUDUGAATA” and the factum
of infringement by the 2nd defendant are established through these two
documents.
6. The 2nd defendant has not come forward to justify their rights to
telecast the song of the said movie without licence or permission of the plaintiff
who is the copyright holder. Hence the relief of injunction is also granted.
7. In the result, the suit is allowed as prayed for with costs.
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C.S.(Comm.Div.)No.193 of 2016
07.09.2021
Index :Yes/No 2/4
speaking order/non speaking order
rpl/dk
https://www.mhc.tn.gov.in/judis/
C.S.(Comm.Div.)No.193 of 2016
DR.G.JAYACHANDRAN,J.
rpl/dk
C.S.(Comm.Div.)No.193 of 2016
07.09.2021
https://www.mhc.tn.gov.in/judis/
